The Sex Offender Registry in Colorado – The #1 Website for Immediate information

Sex Offender Registry: three scary words nobody wants to search. What does it mean for you and your family? When you are charged with a sexual crime in Colorado you need information immediately. That is why I write these blogs to assist you and your family in making short-term and long-term decisions. Generally, you will have to be placed on the Sex Offender Registry as a sexual offender if you are found guilty, or plea guilty to:

1. an Unlawful Sexual Offense;
2. Unlawful Sexual Behavior;
3. any attempt conspiracy or solicitation to any of the above
4. any crime where that has an underlying sexual factual basis (for example Contributing to the Delinquency of a Minor with an underlying sexual factual basis).

Of course, there are a few additional charges that can be added to this Sex Offender Registry. The question then becomes what is an Unlawful Sexual Offense and an Unlawful Sexual Behavior and how do they relate to the Sex Offender Registry:

The Sex Offender Registry and the Law

The Sex Offender Unlawful Sexual Offense – Section 18-3-411, C.R.S., defines “unlawful sexual offense” as:

• enticement of a child;

• sexual assault when the victim at the time of the act is a child under the age of 15;

• sexual assault in the first degree, as it existed prior to July 1, 2000, when the victim at the time of the act is a child under the age of 15;

• sexual assault in the second degree, as it existed prior to July 1, 2000, when the victim at the time of the act is a child under the age of 15, or as it existed prior to July 1, 2000, when the victim is under the age of 15 and the actor is at least four years older than the victim;

• unlawful sexual contact, when the victim at the time of the act is a child under the age of 15;

• sexual assault in the third degree, as it existed prior to July 1, 2000, when the victim at the time of the act is a child under the age of 15;

• sexual assault on a child; sexual assault on a child by one in a position of trust; aggravated incest;

• human trafficking of a minor for sexual servitude;

• sexual exploitation of a child;

• procurement of a child for sexual exploitation;

• indecent exposure;

• soliciting for child prostitution;

• pandering of a child;

• procurement of a child;

• keeping a place of child prostitution;

• pimping of a child;

• inducement of child prostitution;

• patronizing a prostituted child;

• Internet luring of a child;

• Internet sexual exploitation of a child; or

• criminal attempt, conspiracy, or solicitation to commit any of the above acts.

Unlawful sexual behavior — Section 16-22-102 (9), C.R.S., defines “unlawful sexual behavior” as any of the following offenses, or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

• sexual assault;

• sexual assault in the first, second, or third-degree, as it existed prior to July 1, 2000;

• unlawful sexual contact;

• sexual assault on a child;

• sexual assault on a child by one in a position of trust;

• sexual assault on a client by a psychotherapist;

• enticement of a child;

•incest;

• aggravated incest;

• human trafficking of a minor for sexual servitude;

• sexual exploitation of children;

• procurement of a child for sexual exploitation;

• indecent exposure;

• soliciting for child prostitution;

• pandering of a child;

• procurement of a child;

• keeping a place of child prostitution;

• pimping of a child;

• inducement of child prostitution;

• patronizing a prostituted child;

• engaging in sexual conduct in a correctional institution;

• wholesale promotion of obscenity to a minor;

• promotion of obscenity to a minor;

• Internet luring of a child;

• Internet sexual exploitation of a child;

• a third offense overall, or second offense within five years, of public indecency; • invasion of privacy for sexual gratification; or

• second-degree kidnapping if the victim is also a victim of a robbery or sexual offense.

PRIOR Sex OFFENSE CONVICTION IN LIFETIME

Colorado has a rule nobody believes. If you were previously convicted of a sexual offense in your life and you pick up a new charge, you will have to get a sex offense evaluation for the new charge EVEN IF the new charge has nothing to do with a sexual offense.

Don’t believe me…read it yourself:

16-11.7-104. Sex offenders – evaluation and identification required

The language of § 16-11.7-104 is:

(1) On and after January 1, 1994, each convicted adult sex offender and juvenile who has committed a sexual offense who is to be considered for probation shall be required, as a part of the presentence or probation investigation required pursuant to section 16-11-102, to submit to an evaluation for treatment, an evaluation for risk, procedures required for monitoring of behavior to protect victims and potential victims, and an identification developed pursuant to section 16-11.7-103 (4).

(2) The evaluation and identification required by subsection (1) of this section shall be at the expense of the person evaluated, based upon such person's ability to pay for such treatment.

What does this really mean? This means that if you had a sex offense conviction in 2000 (20 years ago), such as indecent exposure of peeing in public, and you pick up a DUI in 2022, you WILL have to get a new sex offense evaluation and you will have to go on sex offense probation for your new DUI. The policy is that once a sex offender, always a sex offender.

If you are reading this you have more questions than answer so do not hesitate to call

Please feel free to call the Law Offices of M. Colin Bresee if you would like to discuss the unique facts of your criminal case and how we can help.